Final Order 1

Order Details: Chamber summons
Pdf Text: IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO. 1365 OF 2019
IN
LONG CAUSE SUIT NO. 6493 OF 2003
1. Jay Vishvambhari Cooperative ]
Housing Society Ltd. & Anr. ]...Plaintiffs
Versus
1. M. D. Enterprises & Ors. ]...Defendants
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 17th September, 2019.
Mr. Jaineel Vashi, Advocate for Plaintiffs.
Ms. Ashwini Mahadik i/b Jahangi and Narula, Advocates for defendant
Nos.1 to 3.
Mr. Giri, Advocate for MCGM/Defendant.
ORAL ORDER
1. Perused. Heard.
2. Defendant Nos.1 to 3 have taken out this Chamber Summons to
grant liberty to file additional Affidavit of examination in chief on the
ground that the plaintiff has wrongfully denied most of the documents
filed by them. Due to inadvertent mistake necessary averments in
relation to the proof of documents are not incorporated in the Affidavit
of evidence.
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2 CH-S 1365-19 in Suit No.6493-03
3. Chamber Summons is opposed on the ground that such liberty
cannot be sought by defendants as they cannot file affidavit of evidence
on the presumption that the plaintiff will admit the documents.
4. Advocate for defendant Nos.1 to 3 relied upon Rajesh Varma Vs.
Aminex Holdings and Investments and others, wherein the Hon'ble
Bombay High Court has held that further examination in chief can be
recorded even after filing an Affidavit in lieu of examination in chief. He
also relied upon Banganga Cooperative Housing Society Ltd. Vs.
Vasanti Gajanan Nerurkar, (2015) 5 Bom CR 814 wherein the Hon'ble
Bombay High Court has held that, there is no impediment to the taking
of additional ExaminationinChief by the filing a further additional
affidavit in lieu of examination in chief.
5. Roznama dated 20.6.2019 reveals that various documents were
not marked as exhibits as affidavit filed under Order 18 Rule 4 does not
contain the statements to prove those documents. Defendants No.1 to 3
now intend to file an additional affidavit to incorporate such statements
to formally prove those documents.
6. Considering the circumstances, the observations of the Hon'ble
Bombay High Court in the authorities cited supra, as well as the purpose
of procedural laws, the Chamber Summons needs to be allowed. Hence
the order:
ORDER
1. Chamber Summons No. 1365/2019 is made absolute in
terms of prayer clause (a).
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3 CH-S 1365-19 in Suit No.6493-03
2. Defendants 1 to 3 to file additional affidavit in lieu of
examination in chief on next date without fail.
3. Costs in cause.
Sd/
(A.N. MARE)
Judge,
17/09/2019. City Civil Court, Mumbai.
Dictated On : 17/09/2019.
Transcribed on : 21/09/2019.
HHJ Signed on : 24/09/2019.
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4 CH-S 1365-19 in Suit No.6493-03
“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
24/09/2019 5.47 p.m. Mrs. V.U. Pawar
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N.
MARE (CR 11)
Date of Pronouncement of
JUDGEMENT /ORDER
17/09/2019
JUDGEMENT /ORDER signed by
P.O. on
24/09/2019
JUDGEMENT /ORDER uploaded
on
24/09/2019
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